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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3271 By: Mize
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 581, 582, 583, 583.1, 584, 587, 591.2,
591.4, 591.6, 591.8, 591.9, 59 1.11, 591.13, 591.14,
592.2, 592.3, 592.9, 592.10, 1102, 1107, 1128, and
1137.1, which relate to definitions, Oklahoma Used
Motor Vehicle and Parts Commission , licenses
required, certificate of registration for used motor
vehicle or manufactured home sales person, denial,
revocation or suspension of license , petty cash fund,
application for license, register of purchases and
sales, transfer of certificate of title , refusal,
cancellation, suspension or revocation of license ,
salvage pool or salvage disposal s ales, violations
automotive dismantlers and parts recy clers, rule
authority, sale or transfer of ownership of vehicle,
manufacturer's or dealer's license, used dealer
temporary license plat e; modifying name of the
Oklahoma Used Motor Vehicle and Parts Commission;
modifying name of the Oklahoma Used Motor Vehicle and
Parts Commission Fund ; amending 68 O.S. 2021, Section
2101, which relates to definitions; modifying name of
the Oklahoma Used Motor Vehicle and Parts Commission;
amending 74 O.S. 2021, Section 3 601.1, which relates
to maximum number of full-time employees; modifying
name of the Oklahoma Used Motor Vehicle and Parts
Commission; modifying maximum number of certain
employees for Commission; amending Rule 2.45 of the
Rules of the Ethics Commission, which relates to
expenditures for trave l; modifying name of the
Oklahoma Used Motor Vehicle and Parts Commission; and
providing an effective date .
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BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 581, is
amended to read as follows:
Section 581. As used in Section 581 et seq. of this title:
1. "Commission" means the Oklahoma Used Motor Vehicle and
Parts, Dismantler, and Manufactured Housing Commission;
2. "Compensation" means anything of value including money,
merchandise, rebates on purchases, trading stamps or any other thing
of value;
3. "Consignment sale" means the sale of used motor vehicles
belonging to another by a used motor vehicle deal er, whether or not
title is transferred from the consignor to the used motor vehicle
dealer;
4. "Factory" means a manufacturer, distributor, factory br anch,
distributor branch, factory representative or distributor
representative, which manufactures or di stributes vehicle products ;
5. "Manufactured home" means a residential dwelling in one or
more sections built in ac cordance with the National Manufact ured
Housing Construction and Safe ty Standards Act of 1974, 42 U.S.C.,
Section 5401 et seq. and rules pro mulgated pursuant thereto;
6. a. "Manufactured home dealer " means any person who :
(1) works for a commission or with intent to make a
profit or gain of money or other thing of value,
sells, offers to sell, or attempts to negotiate a
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sale or exchange of int erest in, new or used
manufactured homes,
(2) is engaged wholly or in part in the business of
selling any new and u nused, or used, or both new
and used manufactured homes , or
(3) is engaged wholly or in part in the business of
leasing any new and unused, or used, or both new
and used manufactured homes, that are considered
personal property, with an option to purchase or
own in any form at any time after beginning of
the lease term.
A valid franchise letter as proof of authorization to sell any
new manufactured home product line or lines shall be attached to the
application for a dealer license to sell manufactured home s.
"Manufactured home dealer " shall include a manufactured home
auction. A manufactured home auction shall mean any person selling
more than five manufactured homes in an auction or liquidation
format. Only licensed manufactured home dealers shall be au thorized
to purchase manufactu red homes at such auctions.
b. "Manufactured home dealer" shall not include any
person who sells or contracts for the sale of a
personally titled manufactured home or homes which
they have used as their personal residence , or any
person acting as an aucti oneer who has been engaged by
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a seller to direct, conduct, control, or be
responsible for the sale of such manufactured homes as
a part of an auction or liquidation of an estate, or
any Oklahoma licensed real estate broker or s ales
associate when buying or selling manufactured homes
which have become real property as a part of a real
estate business. No person shall be considered a
manufactured home dealer as to any manufactured home
purchased or acquired by the person for purp oses other
than resale or lease-purchase in any form ; provided,
that the restriction set forth in this sentence shall
not prevent an otherwi se qualified person from
utilizing a single manufactured home as a sales
office.
c. A holder of a lien on a personally titled manufactured
home may sell the repossessed manufactured hom e and
shall not be required to be licensed pursuant to thi s
title. Any person other than a bona fide full-time
employee of the lienholder who participates in the
sale of the repossessed manufactured home shall be
licensed as a manufactured home dealer pursuant to
this title.
d. "Manufactured home dealer " shall not include a
restricted manufactured home park dealer;
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7. "Manufactured home salesperson " means any person who has
been engaged by a manufactured home dea ler or restricted
manufactured home park de aler to buy, sell, exchange, negotiate, or
act as an agent for the purc hase, sale, or exchange of an interest
in a manufactured home;
8. "Manufactured home installer " means a person who is engaged
in the business of installing or setting up manufactured h omes
and/or mobile homes as defined herein;
9. "Manufactured home manu facturer" means a person who
manufactures, assembles , sells or distributes new manufactured
homes, whether directly or indirectly, to new manufactured home
retailers or a restricted manufactured home park dealer for resale
or use in this state;
10. "Mobile home" means a residential dwelling fabricated in an
off-site manufacturing facility, designed to be a permanent
residence, but which is s till transportable, that was built prior to
the enacting of the National Manufactured Housing Construction and
Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq.;
11. "Person" means an individual, business, corporation,
partnership, associatio n, limited liability corporation, trust,
firm, or company or legal entity, but does not include any political
subdivision;
12. "Ready for occupancy" means a mobile or manufactured home
which is installed and anchored properly by a manufactured home
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installer licensed in this state and has utilities co nnected to
service;
13. "Rebuilder" means a used motor vehicle dealer who is
engaged in the busin ess of rebuilding repairable motor vehicles and
who has paid the fee for and been issued a rebuilder certific ate as
provided by Section 591.5 of this title;
14. "Restricted manufactured home park dealer " means any person
operating a mobile or manufactured home park who, for a commission
or with intent to make a profit or gain of money or othe r thing of
value, sells, offers to sell, or attempts to negotiate a s ale or
exchange of interest in, new or used manufactured homes, or that is
engaged wholly or in pa rt in the business of selling or leasing
manufactured homes which are personal property w ith an option to
purchase or own in any form at any time after the be ginning of the
lease term any new and unused, or used, or both new and used
manufactured homes; pr ovided, every mobile or manufactured home sold
pursuant to a restricted manufactured home park dealer license shall
be located in the licensed mobile or manuf actured home park and
ready for occupancy. Provided further, manufactu red home dealer
license plates shall not be issued to a restricted manufactured home
park dealer;
15. "Retail implement dealer" means a business engaged
primarily in the sale of farm t ractors as defined in Section 1 -118
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of this title or implements of husb andry as defined in Section 1-125
of this title or a combination thereof;
16. "Sale" or "sell" means the act of sel ling, brokering,
exchanging, exchanging of an interest in, or renting with the option
to purchase or own in any form at any time after the b eginning of
the lease term, a new or used manufactured home for commission,
profit, gain of money or other thing of value;
17. "Used motor vehicle" means any motor vehicle, as that ter m
is defined in the Oklahoma Vehicle License and Registration Act, but
not including any all-terrain vehicles, utility vehicles, and
motorcycles used exclusively for off -road use which are sold by a
retail implement dealer, which has been sold, bargained, exchanged,
given away or the title thereto transferred from the person who
first took title from t he manufacturer, importer, or dealer or agent
of the manufacturer or importer, or so used as to have become what
is commonly known as a "secondhand motor vehi cle". In the event of
transfer, on the statement of origin, from the o riginal franchised
dealer to any other dealer or individual other than a franchised
dealer of the same make of vehic le, the vehicle shall be considered
a used motor vehicle and must be titled in the new owner 's name;
18. "Used motor vehicle auction " means any business other than
salvage pools which regularly engages in the sale or trade, or
negotiates the sale or trade , of used motor vehicles by auction,
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whether by open or closed bid or by sale to or purchase by used
motor vehicle dealers or individuals;
19. a. "Used motor vehicle d ealer" means any person who, for
a commission or with intent to make a profit or gain of money or
other thing of value, sells, brokers, exchanges, rents with option
to purchase, or offers or attempts to negotiate a sale or exchan ge
of an interest in used m otor vehicles, or who is engaged wholly or
in part in the business of selling used motor vehicles, whether or
not such motor vehicles are owned by the person.
b. "Used motor vehicle dealer " shall not include:
(1) receivers, trustees, administrators, execut ors,
guardians, or other persons appointed by or
acting pursuant to the judgment or order of any
court,
(2) public officers while performing their official
duties,
(3) employees of persons enumerated in the definition
of "used motor vehicle dealer" when engaged in
the specific performance of their duties as such
employees,
(4) mortgagees or secured parties as to sales of
motor vehicles constituting collateral o n a
mortgage or security agreement, if the mortgagees
or secured parties shall not realize for their
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own account from such sales any monies in excess
of the outstanding balance secured by such
mortgage or security agreement, plus the costs of
collection,
(5) any person acting as an auctioneer who has been
engaged by a seller to direct, conduct, control ,
or be responsible for the sale of used motor
vehicles as part of an estate auction or
liquidation,
(6) any person, firm, corporation, or other legal
entity who sells, or contracts for the sale of,
the vehicles of the person, fi rm, corporation, or
other legal entity when such vehicles are sold in
liquidation, and any person, firm, corporation ,
or other legal entity who serves as an agent in
such sale. The exclusion provided in this
paragraph shall not extend to any person, firm,
corporation, or other lega l entity whose business
is the purchase, sale, or rental with option to
purchase, of motor vehicles, or to a location
used for such purposes,
(7) any person acting as an auctioneer who has been
engaged by a seller to direct, cond uct, control,
or be responsible for the sale of used motor
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vehicles as part of an auction held at a licensed
used motor vehicle dealer location . The
exclusion provided in this division shall not
extend to a person who auctions five or more used
motor vehicles in a nonliquidation sale held at a
licensed used motor vehicle dealer location which
is not regularly used as a vehicle auction, or
(8) any retail implement dealer that sells all -
terrain vehicles, utility vehicles, and
motorcycles used exclusively for off-road use;
20. "Used motor vehicle salesperson" means a person employed by
a licensed used motor vehicle dealer to sell, broker, exchange, or
negotiate a purchase, sale, or rental with option to purchase, used
motor vehicles or an interest in used mot or vehicles. The term
"used motor vehicle salesperson " shall not include any person who:
a. uses the person's own funds for such transactions, or
b. operates independently as a used mo tor vehicle dealer
using a licensed used motor vehicle dealer 's license
number; and
21. "Wholesale used motor vehicle dealer " means any person who,
for a commission or with intent to mak e a profit or gain of money or
other thing of value, sells, brokers, exchanges, rents with option
to purchase, or offers or attempts to nego tiate a sale or exchange
of interest in used motor vehicles exclusively to used motor vehicle
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dealers, or who is eng aged in the business of selling used motor
vehicles exclusively to us ed motor vehicle dealers, whether or not
such motor vehicles are owned by the person.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 582, is
amended to read as follows:
Section 582. A. There is hereby created the Oklahoma Used
Motor Vehicle and Parts, Dismantler, and Manufactured Housing
Commission, to be composed of ten (10) members who shall be selected
as follows:
1. One member shall be appointed from each congressi onal
district and any remaining members, including the chair, shall be
appointed from the sta te at large. However, when congressional
districts are redrawn, each member appointed prior to July 1 of the
year in which such modification becomes effective sha ll complete the
current term of office and appointments made after July 1 of the
year in which such modification becomes effective shall be ba sed on
the redrawn districts. Appointments made after July 1 of the year
in which such modification becomes effec tive shall be from any
redrawn districts which are not represented by a board member until
such time as each of the modified congressional dis tricts are
represented by a board member; provided, the chair shall be
appointed at large without regard to congre ssional district
representation on the board;
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2. All members shall be appointed by the Gover nor, by and with
the advice and consent of the Se nate;
3. a. each of the members appointed from a congressional
district shall, at the time of appointment, be a r esident in good
faith of the congressional district from which appointed, and
b. each of the members appointed from the state at large
shall, at the time of appointment and during the
period of service, be residents in good faith of the
state;
4. Each member shall be of good m oral character and, for the
ten-year period immediately preceding appoi ntment, each of the used
motor vehicle dealer re presentatives shall have been licensed for
and actually engaged in the distribution or sale of used motor
vehicles; each of the dismantle r representatives shall have actually
been licensed for and engaged in the principal business of
dismantling or disass embling motor vehicles for the purpose of
selling the parts thereof; and the manufactured housing
representative shall have been licensed for and actually engaged in
the principal business of selling manufact ured homes; and
5. Eight members plus the chair shall be engaged in the used
motor vehicle industry or the automotive dismantler industry. There
shall not be fewer than five members e ngaged in the principal
business of the sale of used motor vehicles and there shall not be
fewer than two members engag ed in the principal business of
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dismantling or disassembling motor vehicles for the purpose of
selling the parts th ereof. One of the at -large members shall be
engaged in the principal business of selling man ufactured homes as a
licensed manufactured home dealer. Being engaged in one or more of
such pursuits shall not disqualify a person otherwise qualified from
serving on the Commission.
B. 1. The term of the chair shall be coterminous with that of
the Governor making the appointment, and until a succes sor is
appointed and is qualified.
2. The terms of office of each member of the Commission shall
be subject to the following:
a. the Commission shall determine and certify the trade
associations of manufactu red home dealers that
represent ten percent (10% ) or more of the number of
licensed manufactured home dealers in the state and
shall certify each such association to the Governor.
The Governor shall request a minimum of ten names from
each such associatio n and shall select one member from
the manufactured home industry from the names
provided,
b. each member actively serving July 1, 2000, who was
appointed on or before June 30, 2000, sh all remain and
fulfill the term of his or her membership as set forth
at the appointment,
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c. except for the chair, the term of office of each
member of the Commission shall be for six (6) years,
d. except for the chair and the at -large members, the
term of office of any member will automatically expire
if the member moves out of the congressional district
from which appointed; however, if the congressional
districts are modified each member shall complete the
current term of office as provided in this secti on,
e. in event of death, resignation, or removal of any
person serving on the Commission, the vacancy shall be
filled by appointment as aforesaid for the unexpired
portion of the term,
f. except for the chair, when the term of a memb er
automatically expires, the vacancy shall be filled by
appointment of a qualified successor for a term of six
(6) years as aforesaid, excep t that the member shall
serve until a successor is appointed and qualified.
3. The chair and each member of the Co mmission shall take an d
subscribe to the oath of office required of public officers.
C. The chair and members of the Commission shall receiv e Thirty
Dollars ($30.00) for each and every day actually and necessarily
spent in attending the meetings of the Co mmission, and shall be
reimbursed for subsistence and traveling expenses incurred in the
performance of their duties hereunder as provided by the State
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Travel Reimbursement Act; provided that such meeting payments shall
not exceed the sum of Six Hundred Do llars ($600.00) per an num to any
one person.
D. 1. a. The Commission shall appoint a qualifie d person to
serve as Executive Director who shal l have had
sufficient management and organizational experience in
the automotive industry to direct the functions o f the
Commission.
b. The Executive Director shall be appointed for a term
of six (6) years, and shall not be subject to
dismissal or removal without cause.
c. The Commission shall fix the salary and define and
prescribe the duties of the Executive Director .
d. The Executive Director shall be in charge of the
Commission's office, shall devote such time as
necessary to fulfill the duties thereof, and, before
entering upon these duties, shall take and subscribe
to the oath of office.
2. The Commission may emp loy such clerical, tec hnical, legal
and other help and incur such expenses as may be necessar y for the
proper discharge of its duties under S ection 581 et seq. of this
title.
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3. The Commission shall maintain its office and transact its
business in Oklahoma City, and is authori zed to adopt and use a
seal.
E. 1. a. The Commission is hereby vested w ith the powers and
duties necessary and proper t o enable it to fully and
effectively carry out the provisions and objectives of
Section 581 et seq. of this title, and is hereby
authorized and empowered, pursuant to the
Administrative Procedures Act, to mak e and enforce all
reasonable rules and to adopt and prescribe all forms
necessary to accomplish said purpose.
b. The Commission shall promulgate rules for the
licensing of manufactured home installers and the
installation, which is the blocking, anchoring and
leveling of mobile and manufactured homes th at meet
the standards of the manufacturer's manual or the
Commission.
c. The Commission shall promulgate rules to p rescribe the
contents of manufactured home sales agreements and to
require that each manufact ured home manufacturer issue
with each new manufactured home a warranty comparable
to warranties generally in use in the industry
warranting the manufactured home to be free from
material defects.
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d. The enumeration of any power or authority herein shall
not be construed to deny, impair, disparage or li mit
any others necessary to the attainment thereof.
e. A copy of all rules adopted by the Commission shall be
filed and recorded in the o ffice of the Secretary of
State and the State Librarian and Archivist, and same
may be amended, modified or repealed fr om time to
time.
2. The Commission's powers and duties shall include, but not be
limited to, the following:
a. to license used motor veh icle dealers, wholesale used
motor vehicle dealers, dismantlers, manufa ctured home
dealers, manufactured home manufactu rers, and
manufactured home installers,
b. to inspect used motor vehicle dealer, dismantler and
manufactured home dealer locations, and m anufactured
home manufacturers' factories or assembly sites to
ensure that they are in an approved location, meet
local zoning or other municipal requirements, and have
sufficient facilities which shall include, but not be
limited to, for retail businesses , a business sign, a
listed and usable telephone number, a restroom, an d a
sales office,
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c. to inspect wholesale used m otor vehicle dealer
locations to ensure that they are in an approved
location, meet local zoning or other municipal
requirements, and hav e sufficient facilities which
shall include, but not be limited to, a l isted and
usable telephone number in the dealer 's name and a
business office where records of the business are
kept,
d. to require all dealer sales to have a condi tion of
sale such as a warranty disclaimer, implied or written
warranty or a service contract approved by the
Commission,
e. to work with consumers and dealers to hear complaints
on used vehicles and manufactured homes, including
installation, and
f. to serve as a dispute resol ution panel for binding
arbitration in accordance with Section 1851 et seq. of
Title 12 of the Oklahoma Statutes in con tract
controversies between licensed used motor vehicle
dealers, dismantlers and manufactured housing dealers,
manufactured home dealers, installers, and
manufacturers and their consumers when, by mutual
written agreement executed after the dispute between
the parties has arisen, both parties have agreed to
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use the Commission as their arbitration panel for
contract disputes.
F. 1. All fees and charges collected under the provisions of
Section 581 et seq. of this title shall be deposited by the
Executive Director in the State Treasury in accordance with the
depository laws of this state in a special fund to be known as the
"Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission Fund", which fund is hereby created. Except as
hereinafter provided, the monies in the fund shall be used by the
Commission for the purpose of carrying out and enforcing the
provisions of Section 581 et seq. of this title. Expenditures from
the fund shall be warrants issued by the State Treasurer agai nst
claims submitted by the Commission to the Director of the Office of
Management and Enterprise Services for approval.
2. At the close of each fiscal year, the Commission s hall file
with the Governor and th e State Auditor and Inspector a true and
correct report of all fees and charges collected and received by it
during the preceding fiscal year and shall at the same time pay into
the General Revenue Fu nd of the state a sum equal to ten percent
(10%) of the gross fees and charges so collected and receive d.
3. All expenses incurred by the Commission in carrying out the
provisions of Section 581 et seq. of this title including, but not
limited to, per diem, wages, salaries, re nt, postage, advertising,
supplies, bond premiums, travel and subsistence for the
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Commissioners, the Executive Director, employees, and legal counsel,
and printing and utilities, shall be a proper charge against the
fund, exclusive of the portion thereof t o be paid into the General
Revenue Fund as above set out; provided, that in no ev ent shall
liability ever accrue hereunder against the state in any sum
whatsoever, or against the Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission Fund, in excess of
the ninety percent (90%) of the fees and charges dep osited therein.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 583, is
amended to read as follows:
Section 583. A. 1. It shall be unlawful and constitute a
misdemeanor for any person to engage in business as, or serve in the
capacity of, or act as a used motor vehicle dealer, wholesale used
motor vehicle dealer, manufactured home dealer, restricted
manufactured home park dealer, manufactured home installer, or
manufactured home manufacturer selling directly to a licensed
manufactured home dealer in this state without first obtaining a
license or following other requirements theref or as provided in this
section.
2. a. Any person engaging, acting, or serving in the
capacity of a used motor vehicle dealer, a
manufactured home dealer, r estricted manufactured home
park dealer, a manufactured home installer, or a
manufactured home manufa cturer, or having more than
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one place where any such business, or combination of
businesses, is carried on or conducted shall be
required to obtain and hol d a current license for each
such business, in which engaged.
b. If after a hearing in accordance wit h the provisions
of Section 585 of this title, the Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured
Housing Commission shall find any person installing a
mobile or manufactured home to be in violation o f any
of the provisions of this act, such person may be
subject to an administrative fine of not more than
Five Hundred Dollars ($500.00) for each violation .
Each day a person is in violati on of this act may
constitute a separate violation. All administrative
fines collected pursuant to th e provisions of this
subparagraph shall be deposited in the fund
established in Section 582 of this title .
Administrative fines imposed pursuant to this
subparagraph may be enforceable in the district courts
of this state.
3. Any person, except persons penalized by administrative fine ,
violating the provisions of this section shall, upon conviction, be
punished by a fine not to exceed Five Hundred Dollars ($500.00). A
second or subsequent conviction shall be punished b y a fine not to
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exceed One Thousand Dollars ($1,000.00); provided that each day such
unlicensed person violates this section shall constitute a separate
offense, and any vehicle involved in a violation of this subsection
shall be considered a separate offe nse.
B. 1. Applications for licens es required to be obtained under
the provisions of the Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission shall be verified by
the oath or affirmation of the applicant and shall be on forms
prescribed by the Commission an d furnished to the applicants, and
shall contain such information as the Commission deems necessary to
enable it to fully determine the qualifications an d eligibility of
the several applicants to receive the license or licenses applied
for. The Commission shall require in the application, or othe rwise,
information relating to:
a. the applicant's financial standing,
b. the applicant's business integrity,
c. whether the applicant has an established place of
business and is engaged in the pursuit, avocation, or
business for which a license, or lic enses, is applied
for,
d. whether the applicant is able to properly conduct the
business for which a license, or l icenses, is applied
for, and
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e. such other pertinent information consistent with the
safeguarding of the public interest and the public
welfare.
2. All applications for license or licenses shall be
accompanied by the appropriate fee or fees in accordance with the
schedule hereinafter provided. In the event any application is
denied and the license applied for is not issued, the entire licen se
fee shall be returned to the applicant.
3. All bonds and licenses issued under the provisions of this
act shall expire on December 31, following the date of issue and
shall be nontransferable . All applications for r enewal of licenses
shall be submitted by November 1 of each year of expiration, and
licenses for completed renewals received by November 1 shall be
issued by January 10. If applications have not been made for
renewal of licenses, such licenses shall expir e on December 31 and
it shall be illegal for any person to represent himself or herself
and act as a dealer thereafter . Tag agents shall be notified not to
accept dealers' titles until such time as licenses have been issued .
Beginning January 1, 2016, al l licenses shall be issued for a pe riod
of two (2) years and the appropriate fees shall be assessed . The
Commission shall adopt rules necessary to imple ment the two-year
licensing provisions.
4. A certificate of registration shall permit the registered
person to engage in the activities of a used motor vehicle
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salesperson. A salesperson shall be deemed to be temporarily
approved and allowed to sell vehi cles when applications and fees are
on file with the Commission.
C. The schedule of license and inspection fees to be charged
and received by the Commission for the licenses and inspections
issued hereunder shall be as follows:
1. For each used motor veh icle dealer's license and each
wholesale used motor vehicle dealer's license, Six Hundred Dollars
($600.00). If a used motor vehicle d ealer or a wholesale used motor
vehicle dealer has once been licensed by the Commission in the
classification for which h e or she applies for a renewal of the
license, the fee for each subsequent renewal shall be Three Hundr ed
Dollars ($300.00); provided, if an applicant holds a license to
conduct business as an automotive dismantler and parts recycler
issued pursuant to Sec tion 591.1 et seq. of this title, the initial
fee shall be Two Hundred Dollars ($200.00) and the renewa l fee shall
be Two Hundred Dolla rs ($200.00). If an applicant is applying
simultaneously for a license under this paragraph and a license
under paragraph 1 of Section 591.5 of this title, the initial
application fee shall be Four Hundred Dollars ($400.00) . For the
reinstatement of a us ed motor vehicle dealer 's license after
revocation for cancellation or expiration of insurance pursuant to
subsection F of this section, the fee shall be Two Hundred Dollars
($200.00);
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2. For a used motor vehicle dealer 's license, for each place of
business in addition to the principal place of business, Two Hundred
Dollars ($200.00);
3. For each holder who possesses a valid new motor vehicle
dealer's license from the Oklahoma Motor Vehicle Commission, Two
Hundred Dollars ($200.00) shall be the initial fee for a used motor
vehicle license and the fee for each subsequent renewal shall be Two
Hundred Dollars ($200.00);
4. a. For each manufactured home dealer's license or a
restricted manufactured home park dealer 's license,
Six Hundred Dollars ($600.00), and for each place of
business in addition to the principal place of
business, Four Hundred Dollars ($400.00), and
b. For each renewal of a manufactured home dealer's
license or a restricted manufactured home park
dealer's license, and renewal for each pl ace of
business in addition to the principal place of
business, Three Hundred Dollars ($300.00);
5. a. For each manufactured home installer's license, Four
Hundred Dollars ($400.00), and
b. For each renewal of a manufactured hom e installer's
license, Four Hundred Dollars ($400.00);
6. a. For each manufactured home manufacturer selling
directly to a licensed manufactured home dea ler in
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this state, One Thousand Five Hundred Dollars
($1,500.00), and
b. For each renewal of a manufactured home manufacturer 's
license, One Thousand Five Hundred Dollars
($1,500.00);
7. Any manufactured home manufacturer who sells a new
manufactured home to be shipped to or sited in the State of Oklahoma
shall pay an installation inspection fee of Seventy -five Dollars
($75.00) for each new single-wide manufactured home and One Hundred
Twenty-five Dollars ($125.00) for each new multi -floor manufactured
home; and
8. A used manufactured home inspection fee of Seventy -five
Dollars ($75.00) shall be paid by th e installer at or befo re the
time of installation of any used manufactured home sited and
installed in the State of Oklahoma.
D. 1. The license issued to each used motor vehicle dealer,
each wholesale used motor vehicle dealer, each restricted
manufactured home park dealer a nd each manufactured home dealer
shall specify the location of the place of business . If the
business location is changed, the Oklahoma Used Motor Vehicle and
Parts, Dismantler, and Manufactured Housing Commission shall be
notified immediately of the change and the Commiss ion may endorse
the change of location on the license . The fee for a change of
location shall be One Hundred Doll ars ($100.00), and the fee for a
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change of name, Twenty -five Dollars ($25.00) . The license of each
licensee shall be posted in a conspicuous place in the place o r
places of business of the licensee.
2. The license issued to each manufactured home install er and
each manufactured home manufacturer shall specify the location of
the place of business . If the business location is changed, the
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission shall be notified immediately o f the change and
the Commission may endorse the change of location on the license
without charge. The license of each licensee shall be posted in a
conspicuous place in the place or places of business of the
licensee.
3. Every manufactured home installer shall have the license
available for inspection at the primary place of business of the
licensee. This license shall be valid for the licensee and all of
the employees of the lic ensee. Any person who is not an employee of
the licensee must obtain a sepa rate manufactured home installer
license regardless of whether such person is acting in the capacity
of a contractor or subcontractor.
E. 1. a. Each applicant for a used motor vehi cle dealer's
license shall procure and file with the Commission a
good and sufficient bond in the amount of Twenty-five
Thousand Dollars ($25,000.00) . Each new applicant for
a used motor vehicle dealer's license for the purpose
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of conducting a used motor vehicle auction shall
procure and file with the Commission a good and
sufficient bond in the amount of Fifty Thousand
Dollars ($50,000.00) . An applicant who intends to
conduct a used motor vehicle auction who provides
proof that the applicant has check an d title insurance
in an amount not less than Fifty Thousand Dollars
($50,000.00) shall only be required to have a bond in
the amount of Twenty -five Thousand Dollars
($25,000.00).
b. Each new applicant for a used motor vehicle dealer
license for the purpose of conducting a used motor
vehicle business which will consist primarily of non-
auction consignment sales which are projected to equal
Five Hundred Thousand Dollars ($500,000.00) o r more in
gross annual sales shall procure and file with the
Commission a good and sufficient bond in the amount of
Fifty Thousand Dollars ($50,000.00) . The Commission
shall prescribe by rule the method of operation of the
non-auction consignment dealer i n order to properly
protect the interests of all parties to the
transaction and to provide sanctions against dealers
who fail to comply with the rules.
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c. Each applicant for a wholesale used motor vehicle
dealer's license shall procure and file with the
Commission a good and sufficient bond in the amount of
Twenty-five Thousand Dollars ($25,000.00).
d. Any used motor vehicle dealer who, for the purpose o f
being a rebuilder, applies for a rebuilder
certificate, as provided in Section 591.5 of this
title, whether as a new application or renewal, shall
procure and file with the Commi ssion a good and
sufficient bond in the amount of Fifteen Thousand
Dollars ($15,000.00), in addition to any other bonds
required.
e. Each applicant for a manufactured home dealer 's
license or a restricted manufactured home park
dealer's license shall procu re and file with the
Commission a good and sufficient bond in the amount of
Thirty Thousand Dollars ($30,000.00).
f. Each manufactured home manufacturing facility selling
directly to a licensed manufactured home dealer or
restricted manufactured home park dealer in this state
shall procure and file with the Commission a good and
sufficient bond in the amount of Thirty Thousand
Dollars ($30,000.00) . In addition to all other
conditions and requirements set forth herein, the bond
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shall require the availabilit y of prompt and full
warranty service by the manufacturer to comply with
all warranties expressed or implied in connection with
each manufactured home which is manufactured for
resale or use in this state. A manufacturer may not
sell, exchange, or lease -purchase with an option to
own in any form a manufactured home to a person in
this state directly or indirectly through a
distributor or third party who is not a licensed
manufactured home dealer or a restricted manufactured
home park dealer.
g. The bond shall be approved as to form by the Attorney
General and conditioned that the applicant shall not
practice fraud, make any fraudulent representation, or
violate any of the provisions of this act in the
conduct of the business for which the applicant is
licensed. One of the purposes of the bond is to
provide reimbursement for any lo ss or damage suffered
by any person by reason of issuance of a certificate
of title by a used motor vehic le dealer, a wholesale
used motor vehicle dealer, a restricted manufactured
home park dealer or a manufactured home dealer.
2. The bonds as required b y this section shall be maintained
throughout the period of licensure . Should the bond be canceled for
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any reason, the license shall be revoked as of the date of
cancellation unless a new bond is furnished prior to such date.
F. Any used motor vehicle de aler or wholesale used motor
vehicle dealer is required to furnish and keep in force a minimum of
Twenty-five Thousand Dollars ($25,000.00) of single liability
insurance coverage o n all vehicles offered for sale or used in any
other capacity in demonstrati ng or utilizing the streets and
roadways in accordance with the financial responsibility laws of
this state.
G. Any manufactured home dealer or restricted manufactured home
park dealer is required to furnish and keep in force a minimum of
One Hundred Thousand Dollars ($100,000.00) of garage liability or
general liability with products and completed operation s insurance
coverage.
H. Any manufactured home installer is required to fu rnish and
keep in force a minimum of Twenty -five Thousand Dollars ($25,000.0 0)
of general liability with products and completed operations
insurance coverage.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 583.1, is
amended to read as follows:
Section 583.1 A. It shall be punishable by an administrative
fine not to exceed Five Hundred Dollars ($500.00) for any person,
firm, association, corporation or trust to engage in business as, or
serve in the capacity of, a used motor vehicle salesperson in this
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state without first obtaining a certificate of registrat ion with the
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission. However, a person may sell used motor vehicles
without obtaining a separate us ed motor vehicle salesperson 's
certificate of registration if the person has a certificate of
registration from the Oklahoma Motor Vehicle Commission to sell new
or unused motor vehicle s at a new motor vehicle dealer's licensed
franchise location which als o sells used vehicles; provided, such a
person shall only be authorized to s ell used motor vehicles for the
dealer at the new motor vehicle dealer 's licensed franchise location
and to represent the new motor ve hicle dealer at used motor vehicle
auctions. The cost of the registration for each salesperson shall
be Fifty Dollars ($5 0.00) to be renewed biennially and, for a
transfer, Twenty-five Dollars ($25.00) . The cost of registration is
to be borne by the empl oying entity of the salesperson. The
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission shall promulgate rules and procedures necessary
for the implementation and crea tion of a registry of salespersons
and the issuance of certificates of registration.
B. It shall be punishable by an administrative fi ne not to
exceed Five Hundred Dollars ( $500.00) for any person, firm,
association, corporation or trust to engage in busi ness as, or serve
in the capacity of, a manufactured home salesperson in this state
without first obtaining a certificate of registrati on with the
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Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission. The cost of the regis tration for each
salesperson shall be Fifty Dollars ($50.00) to be renewed biennially
and, for a transfer, Twenty -five Dollars ($25.00). The cost of
registration is to be borne by the employing entity of the
salesperson. The Commission shall promulgate r ules and procedures
necessary for the implementation and creation o f a registry of
salespersons and the issuance of certificate s of registration.
SECTION 5. AMENDATORY 47 O.S. 2021, Section 584, is
amended to read as follows:
Section 584. A. The Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactur ed Housing Commission may deny an
application for a license, impose a fine not to exceed O ne Thousand
Dollars ($1,000.00) per occurrence and/or revo ke or suspend a
license after it has been granted, when any provision of Sections
581 through 588 of this title is violated or for any of the
following reasons:
1. On satisfactory proof of unfitnes s of the applicant or the
licensee, as the case may be, un der the standards establi shed by
Sections 581 through 588 of this title;
2. For fraud practices or a ny material misstatement made by an
applicant in any application for license under the provisions of
Sections 581 through 588 of this title;
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3. For any willful failure to comply w ith any provision of
Section 581 et seq. of this title or with any rule prom ulgated by
the Commission under authorit y vested in it by Sections 581 through
588 of this title;
4. Change of condition after license is granted resultin g in
failure to maintain the qualifications for license;
5. Continued or flagrant violation of any o f the rules of the
Commission;
6. Being a used motor vehicle dealer, a used motor vehicle
salesperson, a wholesale used motor vehicle dealer, or a
manufactured home dealer, a rest ricted manufactured home park
dealer, a manufactured home installer , a manufactured home
salesperson or a manufactured home manufacturer who:
a. resorts to or uses any false or misleading advertising
in connection with business as a used motor vehicle
dealer, wholesale used motor vehicle dealer or a
restricted manufactured home pa rk dealer or
manufactured home deale r, installer or manufacturer,
b. has committed any unlawful a ct which resulted in the
revocation of any similar license in another state,
c. has been convicted of a crime involving moral
turpitude,
d. has committed a fraudulent act in selling, purchasin g
or otherwise dealing in motor vehicles or manufactured
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homes or has misrepresented the terms and conditions
of a sale, purchase or contract for s ale or purchase
of a motor vehicle or manufactured home or any
interest therein including an option to purcha se such
motor vehicles or manufactured homes,
e. has engaged in business under a past or present
license issued pursuant t o Sections 581 through 58 8 of
this title, in such a manner as to cause injury to the
public or to those with whom the licensee is dea ling,
f. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license,
g. has failed or refused to furnish and keep in force any
bond required under Sections 581 through 5 88 of this
title,
h. has installed or attempted to install a manufactured
home in an unworkmanlik e manner, or
i. employs a person in connection with the sa le of
manufactured homes without first obtaining a
certificate of registration for the person ;
7. Being a used motor vehicle de aler who:
a. does not have an established place of business,
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b. employs a person in connection with the sale of used
vehicles without first obtaining a c ertificate of
registration for the person ,
c. fails or refuses to furnish or keep in force single
limit liability insurance on any vehicle offered for
sale and otherwise req uired under the financial
responsibility laws of this stat e, or
d. is not operating from the address shown on the license
if this change has not been reported to the
Commission; or
8. Being a manufactured home dealer or a restricted
manufactured home park dealer who:
a. does not have an established place of busi ness,
b. fails or refuses to furnish or keep in force garage
liability and completed operations insur ance, or
c. is not operating from the address shown on the license
if this change has not been re ported to the
Commission.
B. 1. The Commission shall den y an application for a li cense,
or revoke or suspend a license after it has been granted, if a
manufactured home dealer does not meet the following guidelines and
restrictions:
a. a display area for manufactured homes which is easily
accessible, with suffi cient parking for the pub lic,
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b. an office for conducting business where the books,
records, and files are kept, with access to a restroom
for the public,
c. a place of business which meets all zoni ng, occupancy
and other requirements of the appropriate lo cal
government and regula r occupancy by a person, firm, or
corporation engaged in the business of sel ling
manufactured homes, and
d. a place of business which is separate and apart from
any other dealer's location.
2. The Commission shall deny an applicat ion for a restricted
manufactured home park dealer license, or revoke or suspend a
license after it has been granted, if a manufactured home park
dealer does not satisfy the following guidelines and restrictions:
a. only mobile or manufactured homes that a re "ready for
occupancy" are sold or offered for sale,
b. maintains an office for conducting business where the
books, records, and files are kept, with access to a
restroom for the public,
c. maintains a place of business which meets all zoning,
occupancy and other requirements o f the appropriate
local government and regular occupancy by a person,
firm or corporation engaged in the business of selling
manufactured homes inside a park, and
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d. maintains a place of business which is separate and
apart from any other dealer's location.
C. The Commission shall deny an application for a license, or
revoke or suspend a license after it has been granted, if a
manufactured home installer:
1. Installs or attempts to install a manufactured home in a
manner that is not in compliance with ins tallation standards as set
by the Commission pursuant to rule; or
2. Violates or fails to comply with any applicable rule as
promulgated by the Commission concerning manufa ctured home
installers.
D. The Commission shall deny an a pplication for a license, or
revoke or suspend a license after it has been granted, if a
manufactured home manufacturer violates or fails to comply with any
applicable rule as promulgated by the Com mission concerning
manufactured home manufacturers.
E. The Commission shall deny a n application for a license by a
motor vehicle manufacturer or factory if th e application is for the
purpose of selling used motor vehicles to any retail consumer in the
state, other than through its retail franchised dealers, or a cting
as a broker between a seller and a retail buyer . This subsection
does not prohibit a manufactu rer from selling used motor vehicles
where the retail customer is a nonprofit organization or a f ederal,
state, or local government or agency . This subsection does not
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prohibit a manufacturer from providing information to a consumer for
the purpose of marketing or facilitating the sale of used motor
vehicles or from establishing a program to sell or offer to sell
used motor vehicles through the manufacturer 's retail franchised
dealers as provided for in Sections 561 through 580.2 of this title .
This subsection shall not prevent a factory from obtaining a
wholesale used motor vehicle dealer 's license or the factory's
financing subsidiary from obtaining a who lesale used motor vehicle
dealer's license.
F. If the Commission denies issuance of a license the
Commission shall provide the grounds for the action to the applicant
in writing and allow the appli cant sixty (60) days to resolve any
issues that are the gr ounds for the action.
G. Each of the aforementioned grounds for suspension,
revocation, or denial of issuance or renewal of license shall also
constitute a violation of Sections 581 through 588 of this title,
unless the person involved has been tried and acquitted of the
offense constituting such grounds.
The suspension, revocation or refusal to issue or renew a
license or the imposition of any other penalty by the Commission
shall be in addition to any penalty which might be imposed upon any
licensee upon a conviction at law for any violation of Sections 581
through 588 of this title.
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SECTION 6. AMENDATORY 47 O.S. 2021, Sec tion 587, is
amended to read as follows:
Section 587. A. There is hereby created a petty cash fund not
to exceed One Hundred Dollars ($100.00) for the Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured Housing Commission,
which may be expended for small authori zed expenses of the
Commission.
B. The Director of the Office of Management and Enterprise
Services is authorized to prescrib e forms, systems and procedures
for its administration. The petty cash fund may be reimbursed from
time to time by the filing of proper claims, accompanied b y valid
receipts for expenditures made.
C.
SECTION 7. AMENDATORY 47 O.S. 2021, Section 591.2, is
amended to read as follows:
Section 591.2 As used in Section 591.1 et seq. of this title:
1. "Automotive dismantler and parts recyc ler" means a person,
firm or corporation engaged in the busi ness of purchasing,
dismantling, or disassembling used motor vehicles for the pu rpose of
selling the parts thereof, but shall not include a person who is
primarily engaged in the business of rebui lding repairable motor
vehicles;
2. "Motor vehicle" means every automobile, motorcycle, mobile
trailer, semitrailer, truck, truck -tractor, trailer and other device
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which is self-propelled or drawn, in, upon, or by which any person
or property is or may be transported or drawn upon a public highway,
except such as is moved by animal power or used exclusively upon
stationary rails or tracks, or an implement of husbandry;
3. "Place of business" means the place owned or leased and
regularly occupied by a pers on, firm or corporation engaged in the
business of an automo tive dismantler and parts recycler, where the
products for sale are displayed an d offered for sale, and where the
books and records required for the conduct of the business are
maintained and kept;
4. "Salvage pool" means any person or business which regu larly
conducts a salvage disposal sale;
5. "Salvage disposal sale " means a scheduled sale at auction or
by private bid of wrecked or repairable motor vehicles by insurance
underwriters, or insura nce companies, used motor vehicle dealers or
automotive dismantlers and parts recyclers, either retail or
wholesale; and
6. "Commission" means the Oklahoma Used Motor Vehicle and
Parts, Dismantler, and Manufactured Housing Commission; and
7. "License" means the license issued pursuant to Section 591.1
et seq. of this title to operate an automotive dismantler and parts
recycler business.
SECTION 8. AMENDATORY 47 O.S. 2021, Section 591.4, is
amended to read as follows:
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Section 591.4 A. Every person, firm or corporation desiring to
engage in the business of an automotive dismantler and parts
recycler shall apply in writing, on a form to be prescribed by the
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission, which form shall contain:
1. The name of the applicant;
2. The street address of the applicant 's principal place of
business;
3. The type of business organization of the applicant;
4. The applicant's financial statement;
5. The legal description of the proposed place of business,
together with written verification from the appropriate local
authorities that the place of business meets the licensing and
zoning requirements of the municipality or county where located; and
6. Such additional information as may be required by the
Commission.
B. Notwithstanding subsection A of this section, the Commission
may decline to issue an original license to any person, firm or
corporation that does not, in good faith, meet the requirements of
the Automotive Dismantlers and Parts Recycler Act; or whose proposed
place of business does not meet the applicable zoning requirements;
or whose proposed use is deemed inappropriate by the Commi ssion due
to surrounding property uses or objections from the immediat e
surrounding neighbors, such that the place of business would be
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deemed to be a private or public nuisance; or whose place of
business is not properly screened by natural objects, plant ings,
opaque fences of a height not less than six (6) nor more than ei ght
(8) feet or other appropriate sightproofing, so as to screen where
possible vehicles and parts stored outside of buildings from view
from immediately adjacent property.
SECTION 9. AMENDATORY 47 O.S. 2021, Section 5 91.6, is
amended to read as follows:
Section 591.6 Every automotive dismantler and parts recycler
shall keep a register of all purchases and sales of motor vehicles
for three (3) years f rom the date of purchase or sale, showing the
make, model, year, style, vehicle i dentification number, and name
and address of the purchaser or seller of the motor vehicle. Such
registers shall be made available for inspection by properly
identified employees or agents of the Oklahoma Used Motor Vehicle
and Parts, Dismantler, and Manu factured Housing Commission or
identified law enforcement officers of the state, county and
municipality where the business of the automotive dismantler and
parts recycler is located, during reasonable business hours on
business days. The inspection autho rity shall include the right to
inspect any motor vehicle or parts thereof owned by or stored at the
automotive dismantler and parts recycler 's place of business.
SECTION 10. AMENDATORY 47 O.S. 2021, Section 591.8, is
amended to read as follows:
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Section 591.8 A. An automotive dismantler and parts re cycler,
duly licensed by this act, shall have the authority to transfer the
certificate of title to a motor vehicle as a dealer. Prior to the
sale of any motor vehicles at sa lvage pools or salvage disposal
sales, a salvage title or junked title shall be is sued for any
salvage or junked vehicle as defined in Section 1105 of this title.
B. Any and all certificates of title, whether original,
salvage, rebuilt, or junked titles, salvage certificates, other
certificates of ownership, or ownership records, as ap proved by the
Oklahoma Tax Commission, to vehicles owned by a licensed automotive
dismantler and parts recycler, which vehicles have been dismantled,
destroyed, or otherwise processed so that the vehicles are no longer
capable of being used as motor vehicl es, shall be inspected by
properly identified employees or agents of the Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured Housing Commission,
at least annually, at the place of business of the licensed
automotive dismantler and parts recycler. Upon verification that the
vehicle is no longer capable of being used as a mo tor vehicle, the
employee or agent of the Commission shall remove the license plate
and the certificate of title, salvage certificate, other certificate
of ownership or ownership record from the licensed automo tive
dismantler and parts recycler. The Commi ssion shall destroy the
license plate and deliver the certificates and ownership records to
the Oklahoma Tax Commission.
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C. Each licensed automotive dismantler and parts recycler that
dismantles, destroys, or otherwise processes vehicles so that the
vehicles are no longer capable of being used as motor vehicles, each
month, shall report the veh icle identification numbers of the
vehicles to the Oklahoma Tax Commission, upon forms prescribed by
the Oklahoma Tax Commission. The report shall include any vehicl e
which is a hull, junked, abandoned or not a complete, self -
propelling vehicle, if there i s a vehicle identification number for
the incomplete vehicle. The Oklahoma Tax Commission shall cancel
said certificates of title. The vehicle identification numbe rs on
the certificates of titles, salvage titles, other certificates of
ownership or ownership records to motor vehicles no longer capable
of being used as motor vehicles shall be preserved in the computer
files of the Oklahoma Tax Commission for at least five (5) years
from the date the certificates of title are delivered by the
Commission to the Oklahoma Tax Commission.
D. Each vehicle or incomplete vehicle required to be reported
to the Oklahoma Tax Commissi on by this section shall be reported on
or before the fifteenth day of the next succeeding month after the
month in which the vehicle or incomplete vehicle was received by the
licensed automotive dismantler and parts recycler. Each vehicle or
incomplete vehicle, which is incapable of operation or use on the
public roads or has no resale value except as a source of parts,
scrap or junk or has an eighty percent (80%) loss in fair market
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value, possessed by a licensed automotive dismantler and parts
recycler on the effective date of this act shall be rep orted to the
Oklahoma Tax Commission within ninety (90) days. The vehicle
identification numbers on all reported vehicles shall be preserved
in the computer of the Oklahoma Tax Commission for at least five (5)
years, even if the ownership records may have been previously
destroyed or surrendered to the Oklahoma Tax Commission.
E. If the vehicle identification number for a vehicle, which is
incapable of operation or use on the public roads and has no resale
value except as a source of parts, scrap or junk or has an eighty
percent (80%) loss in fair market value, is not reported to the
Oklahoma Tax Commission, the licensed automotive dismantler and
parts recycler shall be required to obtain a junked title for sai d
vehicle. An Oklahoma licensed automotive di smantler and parts
recycler shall not be required to obtain a junked title for a junked
vehicle or any other vehicle which is dismantled, destroyed or
otherwise processed so that the vehicle is no longer capabl e of
being operated or used on the public road s, if the vehicle is
reported to the Oklahoma Tax Commission.
SECTION 11. AMENDATORY 47 O.S. 2021, Section 591.9, is
amended to read as follows:
Section 591.9 The Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission is authorized to
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refuse, cancel, suspend or revoke a license to any person, firm or
corporation for the following reasons:
1. Failure to meet the requirements of the Automotive
Dismantlers and Parts Recycler Act;
2. Failure to continue to meet the requirements of this act or
of the rules promulgated by the Commission pursuant to the
provisions of the Automotive Dismantlers and Parts Recycler Act;
3. Upon satisfactory proof of unfitness of the applicant or the
licensee, as the case may be, under the standards establish ed by the
Automotive Dismantlers and Parts Recycler Act;
4. For the felony conviction of a state or federal law by an
applicant, licensee, partner of an applicant or licensee, director,
officer, or stockholder in the case of a corporate applicant or
licensee, or an employee, manager, or any person having a pecuniary
interest in the business involving:
a. theft,
b. violation of the Oklahoma certificate of title law or
similar laws of other states,
c. alteration, obliteration, or removal of a vehicle
identification number, or
d. any other act directly relating to the abili ty of the
applicant or licensee to conduct an automotive
dismantler and parts recycling business;
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5. Commission of any unlawful act which resulted in the
revocation of any similar license i n another state; or
6. Engaging in business under a past or prese nt license issued
pursuant to the Automotive Dismantlers and Parts Recycler Act in
such a manner as to cause injury to the public or to those with whom
the licensee has dealt.
SECTION 12. AMENDATORY 47 O.S. 2021, Section 591.11, is
amended to read as follows:
Section 591.11 A. Sales at a salvage pool or salvage disposal
sale may be opened only to:
1. A person who is a resident of this state;
2. A company representative of a business that is based in this
state; or
3. A person who may legally purchase salvage vehicles in his or
her home state or country.
B. It shall be the duty of the owner, manager or person in
charge of any salvage pool or salvage disposal sale to prohibit the
bidding by any person who is not qualified to purchase salvage
vehicles as provided in subsection A of this section and, further,
to refuse to sell to any person any wrecked or repairable motor
vehicle if such person is not qualified to purchase salvage vehicles
as provided in subsection A of this sec tion.
C. Any salvage pool or salvage disposal sale that is
facilitating in the sale of a motor vehicle for an insurance company
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must provide on its website the full seventeen -digit vehicle
identification number (VIN) and the name of the insurance company
that is selling the motor vehicle.
D. The salvage pool or salvage disposal sale shall show the
buyer's identification number of the winning bidder on any sale that
takes place on the Internet or by online bidding for all salvage
motor vehicles being sold for an insurance company.
E. It shall be the duty of the owner, manager or person in
charge of any salvage pool or salvage disposal sale to remit
payments to the Oklahoma Used Motor Vehicle and Parts, Dismantler,
and Manufactured Housing Commission. Such payments shall be
calculated by multiplying the total number of salvage vehicle sales
transactions during a certain period times Two Dollars ($2.00). The
first payment shall not be calculated on any sales transactions
prior to November 1, 2007. The payme nts shall not be made more
often than one payment each month. The payments shall be
transmitted to the Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission at any time during
the thirty (30) days immediately following the period for which the
payment was calculated.
F. Every salvage pool shall keep a register of all sales of
salvage vehicles showing the make, model, year, style, vehicle
identification number, and names and addresses of the purchaser and
seller of the motor vehicle. Such registers shall be submitted to
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the Oklahoma Used Motor Vehicle and Parts Commis sion on a regular
basis.
G. The provisions of this section shall not apply to a
regularly scheduled vehicle consignmen t auction conducted by a used
motor vehicle dealer which sells salvage vehicles, damaged vehicles,
wrecked vehicles or repairable vehicle s for someone other than a
public insurance company. Such auction may sell these vehicles as
an incident to the sale o f operable vehicles, but shall not
constitute a primary part of the business.
SECTION 13. AMENDATORY 47 O.S. 2021, Section 591.13, is
amended to read as follows:
Section 591.13 Any person violating any provision of the
Automotive Dismantlers and Parts Recycler Act or opera ting as a
rebuilder as used in Section 581 et seq. of this title without a
rebuilder certificate shall be guilty of a misd emeanor and upon the
first conviction thereof shall be punished by a fine of not less
than Five Hundred Dollars ($500.00) with impound ment of the vehicle
until all taxes and fees are paid and upon the second conviction
thereof shall be punished by a fine o f not less than One Thousand
Dollars ($1,000.00) with impoundment of the vehicle until all taxes
and fees are paid and upon the third or subsequent conviction
thereof shall be punished by a fi ne of not less than One Thousand
Five Hundred Dollars ($1,500.00 ) with impoundment of the vehicle
until all taxes and fees are paid or by imprisonment in the county
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jail for not more than one (1) year, or by both such fine and
imprisonment. If a vehicle is impounded pursuant to the provisions
of this section, the vehi cle shall not be released to the o wner
until the owner provides proof of security or an affidavit that the
vehicle will not be used on public highways or public streets, as
required pursuant to Section 7-600 et seq. of this title. Each
vehicle involved in a violation of this section shall be considered
a separate offense. The penalties collected from the payment of the
fines shall, after deduction of court costs, be paid to the Oklahoma
Used Motor Vehicle and Parts, Dismantler, and Manufactured Housing
Commission Fund as created by Section 582 of this title.
SECTION 14. AMENDATORY 47 O.S. 2021, Secti on 591.14, is
amended to read as follows:
Section 591.14 When any person, firm or corporation i s engaged
in the business of an automoti ve dismantler and parts recycler
without being licensed as r equired by Section 591.4 of Title 47 of
the Oklahoma Statutes, the Oklahoma Used Motor Vehicl e and Parts,
Dismantler, and Manufactured Housing Commission may institute, in
the name of the State of Oklahoma ex rel. Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured Housing Commission,
any necessary action to e njoin such person, firm or corporation from
continuing in the business of an automotive dismantler and parts
recycler until a license has been issued to such person, firm or
corporation by the Oklahoma Used Motor Vehicle and Parts,
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Dismantler, and Manufac tured Housing Commission. Upon proper
evidence, a temporary restraining order shall be i ssued. An
injunction shall issue withou t requirement of a bond of any kind
from the state. The ven ue of any action authorized by this section
shall be in the county wherein the business ac tivity complained of
is conducted.
SECTION 15. AMENDATORY 47 O.S. 2021, Section 592.2, is
amended to read as follows:
Section 592.2 As used in the Oklahoma Crusher Act:
1. "Commission" means the Oklahoma Used Motor Vehicle and
Parts, Dismantler, and Manufactured Housing Commission;
2. "Crusher" means a person engaged in the business of crushing
or shredding used motor vehicles, trailers, or nonm otorized
recreational vehicles; and
3. "Person" means an individual, partnership, cor poration,
limited liability company, joint venture, trust, association, or any
other legal entity however organized.
SECTION 16. AMENDATORY 47 O.S. 202 1, Section 592.3, is
amended to read as follows:
Section 592.3 A. No person shall engage in business as a
crusher without first obtaining a license from the Oklahoma Used
Motor Vehicle and Parts, Dismantler, and Manufactured Housing
Commission specifically authorizing engagement in such business.
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B. A person licensed as a scrap metal dealer in this state who
is engaged primarily in the business of a scrap metal dealer and who
crushes vehicles only at its license d scrap metal dealer location
shall be exempt from the licensing requirements of this act. A
person licensed as a scrap metal dealer who fails to keep records of
crushed vehicles as required by the Scrap Metal Dealers Act shall
not be entitled to the exem ption herein. Any crusher who is an
independent contractor employed to crush vehicles for a scrap metal
dealer shall not be exempt from the requirements of this act. Any
law enforcement officer or employee of the Used Motor Vehicle and
Parts Commission shall be authorized to inspect the record s of any
licensed scrap metal dealer pertaining to crushed vehicles to verify
compliance with this provision.
SECTION 17. AMENDATORY 4 7 O.S. 2021, Section 592.9, is
amended to read as follows:
Section 592.9 A. Rulemaking Power . The Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured Housing Commission
may adopt, amend and repeal such rule s as are necessary for the
enforcement of the provisions of the Ok lahoma Crusher Act and
consistent with its provisions.
B. Criminal Penalties.
1. Any person who engages in the busine ss of operating as a
crusher without first obtaining the license prescr ibed in the
Oklahoma Crusher Act or any person who receives, obtai ns or
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possesses and crushes any vehicle or other property which the person
knows to be subject to an outstanding lien s hall be guilty of a
misdemeanor and upon conviction thereof shall be pu nished by a fine
not in excess of One Thousand Dollars ($1,000.00) , by confinement in
the county jail for not more than six (6) months, or by both.
2. Any person who engages in the bus iness of operating as a
crusher without first obtaining the license pre scribed in the
Oklahoma Crusher Act and who receives, obtains or p ossesses any
vehicle or other property which he or she knows to be stolen shall
be guilty of a felony offense of receiv ing, obtaining or possessi ng
stolen property and, upon conviction, shal l be subject to the
penalties which may be imposed for such crime.
3. Any person selling a vehicle or other property to a crusher
who uses false or altered identification or makes a fa lse
declaration of ownersh ip or lien status as related to the provision s
of the Oklahoma Crusher Act shall be guilty of a felony, and upo n
conviction shall be punished by imprisonment in the custody of the
Department of Corrections for a term of not more t han five (5)
years, or in the county jail for a term of not more than o ne (1)
year, or by a fine not exceeding One Thousand Dollars ($1,0 00.00),
or by both such fine and imprisonment.
4. Any person who fails to repay a crusher the full amount
received from the sale of a vehicle or other property after being
officially notified by a peace officer or the Commission that the
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vehicle or other property the person sold to the crusher was stolen
shall be guilty of a misdemeanor and upon conviction shall be
punished by imprisonment in the county jail for a term of not to
exceed six (6) months, or a fine not to exceed One Thousand Dollars
($1,000.00), or by both such fine and imprisonment.
C. Injunctive Action. The Commission may institute, in the
name of the State of Oklahoma ex rel. Okla homa Used Motor Vehicle
and Parts Commission, any necessary action to enjoin any person,
firm, or corporation f rom engaging in the business of a crusher
without a license, or for any violations of this act. An injunction
shall issue without the requiremen t of a bond of any kind from the
state. The venue of any action authorized by this section shall be
in the county wherein the business activity complained of is
conducted.
SECTION 18. AMENDATORY 47 O.S. 2 021, Section 592.10, is
amended to read as follows:
Section 592.10 The Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission may deny an
application for a license, impose a fine not to exceed One Thousand
Dollars ($1,000.00) per occurrence, or revo ke or suspend a license
after it has been granted, when any pro vision of this act is
violated or for any of the following reasons:
1. On satisfactory proof of unfitness of the a pplicant or
licensee, as the case may be ;
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2. For fraud practices or any mater ial misstatement made by an
applicant in any application for li censure pursuant to this act;
3. For willful failure to comply with any provisions of this
act or with any rule pr omulgated by the Commission pursuant to this
act;
4. Change of condition afte r license is granted resulting in
failure to maintain the quali fications for license;
5. Continued or flagrant violation of any of the rules of the
Commission promulgated pursua nt to this act; or
6. Being a crusher o r shredder who:
a. has committed any unlawful act which resulted in the
revocation of any similar lic ense in this state or
another state,
b. has been convicted of a crime involving moral
turpitude,
c. has committed a fraudulent act in buying, selling or
otherwise dealing in used motor vehicles , trailers, or
nonmotorized vehicles to be crushed or shredded, or
disposed of as crushed or shredded,
d. has engaged in business under a past or present
license in such a manner as to cause injury to the
public or to those with whom the licensee is dealin g,
or
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e. has failed to meet or maintain the conditions and
requirements necessary to qualify for the issuance of
a license.
SECTION 19. AMENDATORY 47 O.S. 2021, Section 1102, is
amended to read as follows :
Section 1102. As used in the Oklahoma Vehicle License and
Registration Act:
1. "All-terrain vehicle" means a vehicle manufactured and used
exclusively for off-highway use traveling on four or more non -
highway tires, and being fif ty (50) inches or less in width;
2. "Carrying capacity" means the carrying capacity of a vehicle
as determined or declar ed in tons of cargo or pa yload by the owner;
provided, that such declared capacity shall not be less than the
minimum tonnage capacity fixed, listed or advertised by the
manufacturer of any vehicle;
3. "Certificate of title " means a document which is pro of of
legal ownership of a motor vehicle as described and provided for in
Section 1105 of this title;
4. "Chips and oil" or the term "road oil and crushed rock"
means, with respect to m aterials authorized for use in the surfacing
of roads or highways in this title or in any equiva lent statute
pertaining to road or highw ay surfacing in the State of Oklahoma,
any asphaltic materials . Wherever chips and oil or road oil and
crushed rock are authorized for use in the surfacing of roads or
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highways in this sta te, whether by the Departme nt of Transportation,
or by the county commissioners, or other road building authority
subject to the Oklahoma Vehicle License and Registration Act,
asphaltic materials are also authorized for use in such surfacing
and construction;
5. "Combined laden weight" means the weight of a truck or
station wagon and its cargo or payload transported thereon, or the
weight of a truck or truck-tractor plus the weight of any trailers
or semitrailers together with the cargo or payload transpo rted
thereon;
6. "Commercial trailer" means any trailer, as defined in
Section 1-180 of this title, or semitrailer, as defined in Section
1-162 of this title, when such trailer or semitra iler is used
primarily for business or commercial purposes;
7. "Commercial trailer dealer " means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used commercial trailers;
8. "Commercial vehicle" means any vehicle over eight thousand
(8,000) pounds combine d laden weight used primarily f or business or
commercial purposes. Each motor vehicle being registered pursuant
to the provisions of this se ction shall have the name of the
commercial establishment or the words "Commercial Vehicle"
permanently and promine ntly displayed upon the outside of the
vehicle in letters not less than two (2) inches high. Such letters
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shall be in sharp contrast to the background and shall be of
sufficient shape and co lor as to be readily legible during daylight
hours, from a distan ce of fifty (50) feet while the vehicle is not
in motion;
9. "Commission" or "Tax Commission" means the Oklahoma Tax
Commission;
10. "Construction machinery" means machines or devices drawn as
trailers which are designed and used for construction, tree trimming
and waste maintenance p rojects, which derive no revenue from th e
transportation of persons or property, whose use of the highway is
only incidental and which are not mounted or affixe d to another
vehicle; provided, construction machinery shall no t include
implements of husbandry as defined in Section 1 -125 of this title;
11. "Dealer" means any person, firm, association, corporation
or trust who sells, solicits or advertises the sale o f new and
unused motor vehicles and holds a bona fide contract or franchise in
effect with a manufacturer or distributor of a particular make of
new or unused motor vehicle or vehicles for the sale of same;
12. "Mini-truck" means a foreign-manufactured import or
domestic-manufactured vehicle powered by an internal combustion
engine with a piston or rotor displacement of one thousand cubic
centimeters (1,000 cc) or less, which is sixty -seven (67) inches or
less in width, with an unladen dry weight of three thousand four
hundred (3,400) pounds or less, traveling on fo ur or more tires,
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having a top speed of approximately fifty -five (55) miles per hour,
equipped with a bed or compartment for hauling, and having an
enclosed passenger cab;
13. "Interstate commerce" means any commerce moving between any
place in a state and any place in another state or bet ween places in
the same state through an other state;
14. "Laden weight" means the combined weight of a vehicl e when
fully equipped for use and the cargo or pay load transported thereon;
provided, that in no event shall the laden weight be less than the
unladen weight of the vehicle fully equippe d for use, plus the
manufacturer's rated carrying capacity;
15. "Local authorities" means every county, municipality or
local board or body having authority to adopt police regu lations
under the Constitution and law s of this state;
16. "Low-speed electrical vehicle" means any four-wheeled
electrical vehicle that is powered by an electric motor that draws
current from rechargeable storage batteries or other sources of
electrical current and whose top speed is greater than twenty (20)
miles per hour but not greater than twenty-five (25) miles per hour
and is manufactured in c ompliance with the National Highway Traffic
Safety Administration standards for low -speed vehicles in 49 C. F.R.
571.500;
17. "Manufactured home" means a residential dwelling built in
accordance with the National Manufactured Housing Construction and
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Safety Standards Act of 1974, 42 U.S.C., Section 5401 e t seq., and
rules promulgated pursuant thereto and the r ules promulgated by the
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission pursuant to Section 582 of this title .
Manufactured home sha ll not mean a park model rec reational vehicle
as defined in this section;
18. "Manufactured home dealer " means any person, firm or
corporation engaged in the busine ss of selling any new and unused,
or used, or both new and used manufa ctured homes. Such information
and a valid franchise letter as proof of authorization to sell any
such new manufactured home product line or lines shall be attached
to the application f or a dealer license to sell manufactured homes .
"Manufactured home de aler" shall not include any person, firm or
corporation who sells or contracts for the sale of the dealer 's own
personally titled manufactured home or homes. No person, firm or
corporation shall be considered a manufactured home dealer as to any
manufactured home purchased or acquired by such person, fi rm or
corporation for purposes other than resale; provided, that the
restriction set forth in this sentence shall not prevent an
otherwise qualified person, firm or corporation from utilizing a
single manufactured home as a sale s office;
19. "Medium-speed electrical vehicle" means any self-propelled,
electrically powered four -wheeled motor vehicle, equipped with a
roll cage or crush-proof body design, whose speed attainable in one
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(1) mile is more than thirt y (30) miles per hour but not greater
than thirty-five (35) miles per hour;
20. "Motor license agent" means any person appointed,
designated or authorized by the Oklahoma Tax Commission to collect
the fees and to enforce the provisions provided for in the Oklahoma
Vehicle License and Registration Act;
21. "New vehicle" or "unused vehicle" means a vehicle which has
been in the possession of the manufacturer, distributor or
wholesaler or has been sold only by the manufacturer, distributor or
wholesaler to a dealer;
22. "Nonresident" means any person who is not a resident of
this state;
23. "Off-road motorcycle" means any motorcycle, as def ined in
Section 1-135 of this title, when such mo torcycle has been
manufactured for and used exclusively off roads, hig hways and any
other paved surfaces;
24. "Owner" means any person owning, operating or possessing
any vehicle herein defined;
25. "Park model recreational vehicle" means a vehicle that is:
a. designed and marketed as temporary living quarters for
camping, recreational, season al or travel use,
b. not permanently affixed to real property for use as a
permanent dwelling,
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c. built on a single chassis mounted on wheels with a
gross trailer area not exceeding four hundred (400)
square feet in the setup mode, and
d. certified by the manufacturer as complying wi th
standard A119.5 of the American National Standards
Institute, Inc.;
26. "Person" means any individual, copartner, joint venture,
association, corporation, limited liability company, estate, trust,
business trust, syndicate, the State of Oklahoma, or an y county,
city, municipality, school district or other political subdivision
thereof, or any group or combination acting as a unit, or an y
receiver appointed by the state or federal court;
27. "Rebodied vehicle" means a vehicle:
a. which has been assemble d using a new body or new major
component which is of the identical type as the
original vehicle and is licensed by the manufacturer
of the original vehicle and other original, new or
reconditioned parts. For purposes of this p aragraph,
"new body or new major component" means a new body,
cab, frame, front end clip or rear end clip,
b. which is not a salvage, rebuilt, or junked vehicle as
defined by paragraph 1, 2, or 6 of subsection A of
Section 1105 of this title, and
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c. for which the Tax Commission has a ssigned or will
assign a new identifying number;
28. "Recreational off-highway vehicle" means a vehicle
manufactured and used exclusivel y for off-highway use, traveling on
four or more non-highway tires, and being sixty-five (65) inches or
less in width;
29. "Recreational vehicle " means every vehicle which is built
on or permanently attached to a se lf-propelled motor chassis or
chassis cab which becomes an integral part of the completed vehicle
and is capable of being operated on the highways. In order to
qualify as a recreational vehicle pursuant to this paragraph such
vehicle shall be permanently constructed and equipped for human
habitation, having its own sleeping and kitchen facilities,
including permanently affixed cookin g facilities, water tanks an d
holding tank with permanent toilet facilities . Recreational vehicle
shall not include manufact ured homes or any vehicle with portable
sleeping, toilet and kitchen facilities which are designed to be
removed from such vehicle . Recreational vehicle shall include park
model recreational vehicles as defined in this section;
30. "Remanufactured vehicl e" means a vehicle which has been
assembled by a vehicle remanufacturer using a new body and which may
include original, reconditio ned, or remanufactured parts , and which
is not a salvage, rebuilt, or junked vehicle as defined by
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paragraphs 1, 2, and 6, re spectively, of subsection A of Section
1105 of this title;
31. "Rental trailer" means all small or utility tr ailers or
semitrailers constructed and suitable f or towing by a passenger
automobile and designed only for carrying proper ty, when the
trailers or semitrailers are owned by, or are in th e possession of,
any person engaged in renting or leasing such trailer s or
semitrailers for intrastate or interstate us e or combined intrastate
and interstate use;
32. "Special mobilized mac hinery" means special purpose
machines or devices, either self -propelled or drawn as trailers or
semitrailers, which derive no revenue from the transportati on of
persons or property, w hose use of the highway is only incidental,
and whose useful revenue pro ducing service is perform ed at
destinations in an area away from the traveled surface of an
established open highway;
33. "State" means the State of Oklaho ma;
34. "Station wagon" means any passenger vehicle which does not
have a separate luggage compar tment or trunk and which do es not have
open beds, and has one or mo re rear seats readily lifted out or
folded, whether same is called a s tation wagon or ranch wagon;
35. "Street-legal utility vehicle" means a vehicle meeting the
description and specifica tions of Section 1 of this a ct;
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36. "Travel trailer" means any vehicular portable structure
built on a chassis, used as a temporary dwell ing for travel,
recreational or vacational use, a nd, when factory-equipped for the
road, it shall have a body width n ot exceeding eight (8) feet a nd an
overall length not exceeding forty (40) feet, including the hitch or
coupling;
37. "Travel trailer dealer" means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used travel trailers . Such information and
a valid franchise le tter as proof of authorization to sell any such
new travel trailer pro duct line or lines sh all be attached to the
application for a dealer license to sell travel trailers . "Travel
trailer dealer" shall not include any person, firm or corporation
who sells or contracts for the sale of his or her own personally
titled travel trailer or trailers. No person, firm or corporat ion
shall be considered as a travel trailer dealer as to any travel
trailer purchased or acquired by such person, firm or corporation
for purposes other than resale;
38. "Used motor vehicle dealer " means "used motor vehicle
dealer" as defined in Section 5 81 of this title;
39. "Used vehicle" means any vehicle which has been sold,
bargained, exchanged or given away, or used to the extent th at it
has become what is commonly known, and generally recognized, as a
"secondhand" vehicle. This shall also include any vehicle other
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than a remanufactured vehicle, regardless of ag e, owned by any
person who is not a dealer;
40. "Utility vehicle" means a vehicle powered by an internal
combustion engine, manufactured and used exclusively for off-highway
use, equipped with seating for two or more people and a steering
wheel, traveling on four or more wheels;
41. "Vehicle" means any type of conveyance or device in, upon
or by which a person or property is or may be transpor ted from one
location to another upon the avenues of public access within the
state. "Vehicle" does not include bicycles, trailers except travel
trailers and rental trailers, or impleme nts of husbandry as defined
in Section 1-125 of this title. All implements of husbandry us ed as
conveyances shall be r equired to display the owner 's driver license
number or license plate number of any vehicle owned by the owner of
the implement of husban dry on the rear of the implement in numbers
not less than two (2) inch es in height. The use of the owner's
Social Security number on the rear of the implement of husbandry
shall not be required; and
42. "Vehicle remanufacturer" means a commercial entity which
assembles remanufactured vehicles.
SECTION 20. AMENDATORY 4 7 O.S. 2021, Section 1107, is
amended to read as follows:
Section 1107. A. In the event of the sale or transfer of t he
ownership of a vehicle for which a certificate of title has been
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issued as provided by Section 1105 of this title, the holder of such
certificate shall endorse on t he back of same a complete assignment
thereof with warranty of title in form printed ther eon with a
statement of all liens or encumbrances on the vehicle, sworn to
before a notary public or some other person authorized by law to
take acknowledgments, and d eliver same to the purchaser or
transferee at the time of delivery to the purchaser or tr ansferee of
the vehicle; provided, a transfer of the ownership of a vehicle to
an insurer resulting from the settlement of a total l oss claim shall
not require a notarized signature on the certificate of title. The
purchaser or transferee, unless such per son is a bona fide used
motor vehicle dealer licensed by this state, a retail implement
dealer in connection with the purchase or tr ansfer of off-road
vehicles or a charitable organization shall, within thirty (30) d ays
from the time of delivery to the pur chaser or transferee of the
vehicle, present the assigned certificate of title and the insurance
security verification to the vehicl e to the Oklahoma Tax Commission,
or one of its motor license agents, accompanied by a fee of Eleven
Dollars ($11.00), toget her with any motor vehicle excise tax or
license fee that may be due, whereupon a new certificate of title,
shall be issued to the a ssignee. One Dollar ($1.00) of eac h fee
shall be deposited in the Oklahoma Tax Comm ission Reimbursement
Fund. Any charitable organization utilizing the exempti on
authorized by this subsection shall receive training as prescribed
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by the Oklahoma Used Motor Vehic le and Parts, Dismantler, and
Manufactured Housing Commission.
B. A licensed dealer, a retail implement dealer in con nection
with the sale or disposal of off-road vehicles or a charitable
organization shall, on selling or otherwise disposing of a vehicle ,
execute and deliver to the purchaser thereof the certificate of
title properly and completely reassigned. Thereupon, the purchaser
of the vehicle shall p resent the reassigned certificate to the
Commission, or a motor license agent, accompanied by a fee of Eleven
Dollars ($11.00), and any motor vehicle excise tax or license fee
that may be due, whereupon a new certificat e of title will be issued
to the purchaser. One Dollar ($1.00) of each fee shall be deposited
in the Oklahoma Tax Commission Reimburseme nt Fund. The certificate,
when so assigned and returned to the Commission, tog ether with any
subsequent assignment or reissue thereof, shall be appropriate ly
filed and indexed so that at all times it will be possible to trace
title to the vehicle designat ed therein. Provided, when t he
ownership of any motor vehicle shall pass by op eration of law, the
person owning the ve hicle may, upon furnishing satisfacto ry proof to
the Commission of ownership, procure a title to the motor vehicle,
regardless of whether a certificate of title has e ver been issued.
The dealer shall execute and del iver to the purchaser bills of sale
on forms prescribed by the Commission for all new vehicles sold by
the dealer. On presentation of a bill of sale executed on forms
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prescribed by the Commission, by a man ufacturer or dealer for a new
vehicle sold in this state, accompanied by remittance in the sum of
Eleven Dollars ($11.00), toge ther with any motor vehicle excise tax
or license fee that may be due, a certificate of title shall be
issued in accordance with the provisions of the Oklahoma Vehicle
License and Registration Act. One Dollar ($1.00) o f each fee shall
be deposited in the Oklahoma Tax Commission Reimbursement Fund. For
purposes of this subsection, "charitable organizati on" shall mean
any organization which is exempt from taxation pursuant to the
provisions of the Internal Revenue Code, 26 U.S.C., Section
501(c)(3) and which is registered as a charitable organization with
the Oklahoma Secretary of State and the Oklahoma A ttorney General's
office; "off-road vehicles" means all-terrain vehicles, utili ty
vehicles, and motorcycles used exclus ively for off-road use; "retail
implement dealer" means a business engaged primarily in the sale of
farm tractors as defined in Section 1 -118 of this title or
implements of husbandry as defined in Section 1 -125 of this title or
a combination thereof.
C. Any person violating the provisions of this section shall be
guilty of a misdemeanor and upon the first conviction thereof shall
be punished by a fine not to exceed Fi ve Hundred Dollars ($500.00),
with impoundment of the vehicle until all taxes and fees are paid.
A second or subsequent convic tion shall be punished by a fine not to
exceed One Thousand Dollars ($1,000.00), with impoundment of the
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vehicle until all taxes and fees are paid. If a vehicle is
impounded pursuant to the provisions of this section, the vehicle
shall not be released to the owner until the owner provides proof of
security or an affidavit that the vehicle will not be us ed on public
highways or public streets, as required pursuant to Section 7 -600 et
seq. of this title. Each vehicle inv olved in a violation of this
section shall be considered a separate offense.
SECTION 21. AMENDATORY 47 O.S. 2021 , Section 1128, is
amended to read as follows:
Section 1128. A. Every person manufacturing or having a
contract to sell new vehicles in this state shall file a verified
application for a general distinctive number for all new vehicles
owned or controlled by the manufacturer or deale r; provided, the
Oklahoma Tax Commission shall is sue a license to sell such new motor
vehicles only for those types of new vehicles for which the
applicant has a sales contract or franchise; provided, further, tha t
no license shall be issued to any applica nt that has not complied
with the provisions of S ections 561 through 568 of this title and
does not hold a current license issued by the Oklahoma Motor Vehicle
Commission pursuant thereto. A separate manufacturer 's or dealer's
license shall be required fo r each separate county within which such
manufacturer or dealer has an established place of business and upon
payment of a license fee of Ten Dollars ($10.00) there shall be
assigned and issued to such manufacture r or dealer a Certificate of
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Registration and one license plate which shall be displayed upo n
each vehicle of such manufacturer or dealer when same is operated,
driven, or displayed on any street, road, or highway, in the same
manner as hereinbefore provid ed for vehicles owned by other persons.
Such a manufacturer or dealer in new vehicles may o btain as many
additional license plates as may be desired, upon the payment of the
sum of Ten Dollars ($10.00) for each additional plate; provided that
no such license plate issued to any manufacturer or dea ler shall be
used or displayed upon any secondhan d or used vehicle, or upon any
new vehicle which is used for a service car, or private use, or for
hire. Any person, with consent of the dealer, may operate a moto r
vehicle, with the dealer's tag affixed, while contemplating
purchase, so long as this inte nt is limited to a consecutive
seventy-two-hour period, or a weekend. An individual holding a
valid salesman's license issued by the Oklahoma Motor Vehicle
Commission shall not be subject to this limitation . If such person
also buys and sells used vehicl es, he shall, after obtaining his new
motor vehicle dealer 's license from the Oklahoma Motor Vehicle
Commission, also obtain a used motor vehicle dealer 's license, from
the Oklahoma Used Motor Vehicle and Parts, Dismantler, and
Manufactured Housing Commission, the cost of which shall be as
prescribed in Section 1101 et seq. of this title.
B. Each dealer and used motor vehicle dealer shall keep a
record of the purchase and sale o f each motor vehicle he buys o r
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sells, which shall show the name of the seller o r buyer as the case
may be, and a complete description of the vehicle purchased or sold,
and such other information as the Commission may prescribe.
C. Application for manufac turer's or dealer's license must show
that such dealer or manufacturer has not v iolated any of the
provisions of this section; and such license shall be nonassignable;
and any such license may be suspended temporarily or revoked by the
Commission for viola tion or failure to comply with this section;
provided, the holder of such licens e shall be given ten (10) days '
notice of hearing to suspend or cancel such license. If any such
person subject to any of the licenses required in this section fails
to obtain it when due, a penalty of twe nty-five cents ($0.25) per
day on each such licens e shall be charged in the same manner as is
now provided on delinquent motor vehicle registrations, and after a
period of thirty (30) days such penalty shall be equal to the
license fee. It shall be the duty of every person licensed to sell
new or used motor vehicles to advise each purchaser in writing about
his title requirements and payment of any taxes due. Each used
motor vehicle must display a proper Oklahoma license plat e or a used
dealer's license plate.
D. Every person engaged in the business of transporting and
delivering new or used vehicles by driving, either singly or by
towbar, saddle mount or full mount method, engaging in drive -away
operations as defined in Sect ion 3 of Title 85 of the Oklah oma
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Statutes, or any combination thereof, from the manufacturer or
shipper to the dealer or consignee and using the public highways of
this state shall file with the Commission a verified application for
in-transit license plates to identify such vehicles. The
application shall provide for a general dist inctive number for all
vehicles so transported. Upon payment of a license fee of Ten
Dollars ($10.00) there shall be assigned and issued to such person
one in-transit plate. Such in-transit plate shall be used by such
person only on vehicles when so tran sported. Such person may obtain
as many additional in -transit plates as desired upon payment of a
fee of Ten Dollars ($10.00) for each additional plate. Provided, a
used motor vehicle dealer shall use a u sed dealer license plate in
lieu of the in-transit license plate for transporting a used motor
vehicle and, in such cases, shall be exempt from making application
for an in-transit license plate. Provided further, only a pers on
who possesses a valid motor carrier authority issued by the Federal
Motor Carrier Safety Administration, or a valid for -hire authority
issued by the Corporation Commission may use the in -transit license
plates obtained by them as herein authorized for t ransporting new or
used manufactured homes from one location to another location within
Oklahoma or from a point in another state to a point in this state.
Nothing contained in this section shall relieve any person from the
payment of license fees otherwi se provided by law. When the
Commission deems it advisable and in the public in terest, it may
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require the holder of any in -transit license, or any person making
application therefor, to file a proper surety bond in any amount it
deems proper, not to excee d Ten Thousand Dollars ($10,00 0.00).
E. The Oklahoma Tax Commission shall issue dealer licenses to
new and used manufactured home dealers, new and used travel trailer
dealers and new and used commercial trailer dealers.
F. All licenses provided for in th is section shall expire on
December 31 of each year.
SECTION 22. AMENDATORY 47 O.S. 2021, Section 1137.1, is
amended to read as follows:
Section 1137.1 A. Except for vehicles, travel trailers or
commercial trailers which di splay a current Oklahoma license tag ,
upon the purchase or transfer of ownership of a used motor vehicle,
travel trailer or commercial trailer, including an out -of-state
purchase or transfer of the same, to a licensed used motor vehicle
dealer, wholesale used motor vehicle dealer, used trave l trailer
dealer or used commercial trailer dealer, subsequently referred to
in this section as "dealer", the dealer shall affix a used dealer 's
plate visible from the rear of the vehicle, travel trailer or
commercial trailer. Such license plate shall exp ire on December 31
of each year. When the vehicle, travel trailer or commercial
trailer is parked on the dealer 's licensed place of business, it
shall not be required to have a license plate of any kind affixed.
A dealer shall obtain from the Oklahoma Ta x Commission at a cost of
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Ten Dollars ($10.00) a dealer license plate for demonstrating,
transporting or any other normal business of a dealer including use
by an individual holding a valid salesperson 's license issued by the
Oklahoma Used Motor Vehicle and Parts, Dismantler, and Manufactured
Housing Commission. Any dealer who operates a wrecker or towing
service licensed pursuant to Sections 951 through 957 of this tit le
shall register each wrecker vehicle and display a wrecker license
plate on each vehicle as required by Section 1134.3 of this title.
A dealer may obtain as many additional license plates as may be
desired upon the payment of Ten Dollars ($10.00) for ea ch additional
license plate. Use of the used dealer license plate by a licensed
dealer for other than the purposes as set forth herein sha ll
constitute grounds for revocation of the dealer 's license. The
Oklahoma Tax Commission shall design the official used dealer
license plate to include the used dealer 's license number issued to
him or her each year by the Commission or the Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured Housing Commission.
B. Upon the purchase or transfer of owners hip of an out-of-
state used motor vehicle, travel tra iler or commercial trailer to a
licensed dealer, the dealer shall make application for an Oklahoma
certificate of title pursuant to the Oklahoma Vehicle License and
Registration Act, Section 1101 et seq. of this title. Upon receipt
of the Oklahoma certifi cate of title, the dealer shall fo llow the
procedure as set forth in subsection A of this section. Provided,
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nothing in this title shall be construed as requiring a dealer to
register a used motor vehic le, travel trailer or commercial trailer
purchased in another state which will not be o perated or sold in
this state.
C. Upon sale or transfer of ownership of the used motor vehicle
or travel trailer, the dealer shall place upon the reassignment
portion of the certificate of title a tax stamp issued by the county
treasurer of the county in which the dealer has his or her primary
place of business. The tax stamp shall be issued upon pay ment of a
fee of Three Dollars and fifty cents ($3.50) and shall be in lieu of
the dealer's ad valorem tax on the inventorie s of used motor
vehicles or travel trailers but shall not relieve any other property
of the dealer from ad valorem taxation.
D. Upon sale of a used motor vehicle or travel trailer to
another licensed dealer, the selling dealer shall place the tax
stamp required in subsection C of this sec tion upon the certificate
of title. The used dealer license plate or wholesale dealer license
plate shall be removed by the selling dealer. The purchasing dealer
shall, at time of purchase, place his or her dealer licens e plate on
the used motor vehicle, travel trailer or commercial trailer as
provided in subsection A of this section; provided, for v ehicles,
travel trailers or commercial trailers purchased by a licensed used
dealer at an auction, in lieu of such placement of the dealer
license plate, the auction may provide temporary documentation as
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approved by the Director of the Motor Vehicle Divis ion of the
Oklahoma Tax Commission for the purpose of transporting such vehicle
to the purchaser's point of destination. Su ch temporary
documentation shall b e valid for two (2) days following the date of
sale.
E. The purchaser of every used motor vehicle , travel trailer or
commercial trailer, except as otherwise provided by law, shall
obtain registration and title for the veh icle or trailer within
thirty (30) days from the date of purchase of same. It shall be the
responsibility of the selling dealer to place a temporary license
plate, in size similar to the permanent Oklah oma license plate but
of a weatherproof plastic -impregnated substance approved by the U sed
Motor Vehicle and Parts Commission, upon a used motor vehicle,
travel trailer or commercial tr ailer when a transaction is completed
for the sale of said vehicle. Th e temporary license plate under
this subsection shall be placed at the location provide d for the
permanent motor vehicle license plate. The temporary license plate
shall show the licen se number which is issued to the dealer each
year by the Oklahoma Tax C ommission or the Oklahoma Used Motor
Vehicle and Parts, Dismantler, and Manufactured Ho using Commission,
the date the used motor vehicle, travel trailer or commercial
trailer was purchased and the company name of the selling dealer.
The Oklahoma Used Motor Vehicle and Parts, Dismantler, and
Manufactured Housing Commission is hereby directed to develop the
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temporary license plate design to incorporate these requirements in
a manner that will permit law enforcement personnel to readily
identify the dealer lice nse number and date of the vehicle purchase.
The Oklahoma Used Motor Vehicle and Parts, Dismantler, and
Manufactured Housing Commission is hereby authorized to develop
additional requirements and parameters as deemed appropriate to
discourage or prevent il legal duplication and use of the temporary
license plate. Such temporary license plate shall be valid for a
period of thirty (30) days from the date of purchase. Use of the
temporary license by a dealer for other than the purposes set forth
herein shall constitute grounds for revocation of the dealer 's
license to conduct business. Purchasers of a commercial trailer
shall affix the temporary license plate to the rear of the
commercial trailer. The purchaser shall display the temporary
license plate for a period not to exceed thirty (30) days or until
registration and title are obtained as provided in this section.
The provisions of this subsection on temporary licenses shall
apply to nonresidents who purchase a used motor vehicle, travel
trailer or commercial trailer within this state that is to be
licensed in another state. The nonresident purchaser shall be
allowed to operate the vehicle or trailer within the state with a
temporary license plate for a period not to exceed thirty (30) days
from date of purchase. Any nonresident purchaser found to be
operating a used motor vehicle, travel trailer or commercial trailer
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within this state after thirty (30) days shall be subject to the
registration fees of this state upon the same terms and conditions
applying to residents of this state.
F. It shall be unlawful for any dealer to procure the
registration and licensing of any used motor vehicle, travel trailer
or commercial trailer sold by the dealer or to act as the agent for
the purchaser in the procurement o f the registration and licensing
of the purchaser's used vehicle, travel trailer or commercial
trailer. A license of any dealer violating the provision of this
section may be revoked.
G. Dealers following the procedure set forth herein shall not
be required to register vehicles, travel trailers or comm ercial
trailers to which this section applies, nor will the registration
fee otherwise required be assessed. Provided, dealers shall not
purchase or trade for a used motor vehicle, travel trailer or
commercial trailer on which the registration therefor ha s been
expired for a period exceeding thirty (30) days without obtaining
current registration therefor.
H. A nonprofit charitable organization which is exempt from
taxation pursuant to the provisions of the Internal Revenue Code, 26
U.S.C., Section 501(c) (3), and which accepts donations of used motor
vehicles previously titled in Oklahoma to be subsequently
transferred to another owner, upon the qualifying organization
providing sufficient documentation of i ts tax-exempt status, may
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obtain from the Oklahom a Tax Commission charitable nonprofit
organization license plates for demonstrating, transporting or test -
driving donated vehicles, provided that no organization shall
possess or use at any one time more tha n eight such plates. The Tax
Commission shall design distinctive license plates for that purpose.
The cost for said plates shall be the same as provided in subsection
A of this section for dealer plates.
I. The transfer of ownership from the vehicle don or to the
qualifying nonprofit organization descr ibed in subsection H of this
section shall be made without the payment of motor vehicle excise
tax levied pursuant to Section 2103 of Title 68 of the Oklahoma
Statutes.
SECTION 23. AMENDATORY 68 O.S. 2021, Section 2101, is
amended to read as follows:
Section 2101. For the purpose of this article:
1. The term "motor vehicle" means and includes every
automobile, truck, truck-tractor, all-terrain vehicle, utili ty
vehicle or any motor bus or any self -propelled vehicle not operated
or driven upon fixed rails or tracks o r in the air or on water;
2. The term "vehicle" means and includes every device in, upon,
or by which any person or property is, or may be, transp orted or
drawn, excepting devices moved by human or animal power, when not
used upon fixed rails or tracks, o r in the air or on water;
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3. The term "low-speed electrical vehicle" means and includes
any four–wheeled electrical vehicle that is powered by an electric
motor that draws current from rechargeable storage batteries or
other sources of electrical current and whose top speed is greater
than twenty (20) miles per hou r but not greater than twenty -five
(25) miles per hour and is manufactured in complian ce with the
National Highway Traffic Safety Administration standards for l ow-
speed vehicles in 49 C.F.R. 571. 500;
4. The term "automobile" means and includes every motor vehicle
constructed and used solely for the transportation of persons for
purposes other than for hire or compensation;
5. The term "motorcycle" means and includes every motor vehicle
designed to travel on not more than three wheels other than an all -
terrain vehicle;
6. The term "truck" means and includes every motor vehicle
constructed or used for the transportation of property not falling
within the definition of truck-tractor, trailer or sem itrailer, as
herein defined;
7. The term "truck-tractor" means and includes every motor
vehicle of the truck type designed to draw or support the front end
of a semitrailer;
8. The term "trailer" means and includes any vehicle designed
to be drawn by a truck, tractor or a truck -tractor, but supported
upon its own wheels;
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9. The term "semitrailer" means and includes any vehicle
designed to be attac hed to, and having its front end supported by a
truck, tractor, or truck -tractor;
10. The term "motor bus" means and includes every motor vehicle
constructed so as to ca rry persons, and which is used or rented to
carry persons for compensation;
11. The term "manufactured home" means a residential dwelling
built in accordance w ith the National Manufactured Housi ng
Construction and Safety Standards Act of 1974, 42 U.S.C., Section
5401 et seq., and rules promulga ted pursuant thereto and the rules
promulgated by the Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactur ed Housing Commission pursuant to Section
582 of Title 47 of the Oklahoma Statutes. Manufactured home shall
not mean a park model recreat ional vehicle as defined in Section
1102 of Title 47 of the Oklahoma Statutes;
12. The term "farm tractor" means and includes any vehicle of
tractor type owned and operated by the purchaser and used
exclusively for agricultural purposes;
13. The term "all-terrain vehicle" means and includes every
vehicle defined as an all -terrain vehicle in Section 1102 of Title
47 of the Oklahoma Statutes;
14. The terms "legal ownership" and "legally owned" mean the
right to possession, whether acquired by purchase, bar ter, exchange,
assignment, gift, operation of law, or in any other manner;
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15. The term "person" means and includes n atural persons,
individuals, partner ships, firms, associations, limited liability
companies, corporations, estates, trustees, business tru sts,
syndicates, this state, any county, city, municipality, school
district or other political subdivision of the sta te, or any
corporation or combinatio n acting as a unit or any receiver
appointed by any state or f ederal court; and the use of the singula r
number shall include the plural number;
16. The term "Tax Commission" means the Oklahoma Tax
Commission;
17. The term "utility vehicle" means every vehicle defined as a
utility vehicle in Section 1102 of Title 47 of the Oklahoma
Statutes; and
18. The term "medium-speed electrical vehicle " means any self-
propelled, electrically powered four -wheeled motor vehicle, equi pped
with a roll cage or crush-proof body design, whose speed attainable
in one (1) mile is more t han thirty (30) miles per hour but not
greater than thirty-five (35) miles per hour.
SECTION 24. AMENDATORY 74 O.S. 2021, Section 360 1.1, is
amended to read as follows:
Section 3601.1 A. For purposes of Section s 3601.1 through 360 3
of this title, the term "employee" means a full-time employee or any
number of part-time employees whose combined weekly hou rs of
employment equal those of a full-time employee, but shall not
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include temporary employees working on a s easonal basis betwee n May
1 and October 31.
B. Beginning July 1, 2008, the maximum number of full -time-
equivalent employees for each of the follo wing agencies, boards,
commissions, departments, or programs shall not exceed the numbers
specified in this se ction, except as may be authorized pursuant to
the provisions of Section 3603 of this title.
MAXIMUM NUMBER OF
FULL-TIME-EQUIVALENT
EMPLOYEES
Oklahoma Employment Security Com mission 1150
Oklahoma Accountancy Bo ard 11
Board of Governors of the Licensed A rchitects,
Landscape Architects and Registered Interior
Designers of Oklahoma 4
Board of Chiropractic Examiners 3
State Board of Cosmetology and B arbering 16
Board of Dentistry 10
Oklahoma State Board of Embalmers and Funeral
Directors 5
State Board of Licensure for Professio nal
Engineers and Land Surveyors 10
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State Board of Medical Licensure and Supervision/
Board of Podiatric Medical Examiners/Sta te
Board of Examiners of Perfus ionists 29
Oklahoma Energy Resources Board 5
Oklahoma Motor Vehicle Commission 6
Oklahoma Board of Nursing 35
Oklahoma State Board of Examiners for Long -Term
Care Administrators 4
Board of Examiners in Optometry 3
State Board of Osteopathic Examiners 7
Oklahoma State Board of Pharmacy 15
State Board of Examiners of Psychologists 2
Oklahoma Real Estate C ommission 26
Board of Examiners for Speech -Language Pathology
and Audiology 2
Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufactured Housing Commission 12 15
State Board of Veterin ary Medical Examiners 6
Oklahoma Firefighters Pension and Retirement
System 13
Oklahoma Police Pension and Retirement System 12
Teachers' Retirement System of Oklahoma 52
Oklahoma Public Employees Retirement System 63
Oklahoma Student Loan Authority 85
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Oklahoma Industrial Finance Authority/Oklahoma
Development Finance A uthority 10
State and Education Employees Group Insurance
Board 178
Oklahoma Capital Investment Board 4
State Board of Licensed Social Workers 1
Oklahoma State Employees Benefits Council 38
Oklahoma State Banking Department 46
Liquefied Petroleum Gas Administration 10
C. The duties and compensation of employees, not otherwise
prescribed by law, necessary to perform the duties imposed upon the
Oklahoma Public Employees Retirement System Board of Trustees by law
shall be set by the Board of Trustees.
D. Temporary employees of the Oklahoma Used Motor Vehicle and
Parts, Dismantler and Manufactured Housing Commission between the
dates of November 1 and January 31 annually shall not be counted
toward the maximum number of full-time-equivalent employees provided
for in this section.
SECTION 25. AMENDATORY Rule 2.45 of the Rules of the
Ethics Commission, is amended to read as follows :
Rule 2.45. Calculation of Travel Expenditur es.
Expenditures for travel shall be calculated as provided in this
section.
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(A) Expenditures ma y be made for all expenses associated with
the purchase or lease and operation of a motor vehicle only if the
motor vehicle is used exclusively for purposes of the campaign or
for ordinary and necessary expenses incurred in connection with the
candidate's duties as the holder of a state elective office and for
no other purpose at any time. If campaign contributions a re used
for the purchase or lease of a motor vehicle, the motor vehicle must
be purchased or leased from a dealer licensed by the Oklahoma Mot or
Vehicle Commission or the Oklahoma Used Motor Vehicle and Parts,
Dismantler, and Manufact ured Housing Commission, or their successor
agencies, on commercially reasonable terms and cannot be pu rchased
from the committee by the candidate or a family member of the
candidate.
(B) If a motor vehicle is used both for the purposes identified
in subsection (A) and for any other pur pose, expenditures may be
made only for mileage reimbursement at the ra te authorized for use
of privately owned motor vehicles by the State Travel Reimbursement
Act or its successor statutes, or less.
(C) Expenditures for the rental of a motor vehicle or for the
fares of taxicabs, buses or similar modes of transportation sha ll be
permitted for the actual cost of the rental or fare, pro vided that
the rental or fare is at the rate normally charged for others.
(D) Expenditures for air travel on an air carrie r shall be
permitted for the actual cost of the fare; provided, if air travel
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is first class, business class or equivalent class, the expenditure
shall be permitted only for any lower fare available on the same
flight.
(E) Expenditures for air travel on a n aircraft operated by a
commercial carrier shall be permitted for the usual charter fare or
rental charge.
(F) Expenditures for air travel on an aircraft operated by a
private individual shall be permitted for the usual charter fare or
rental charge of a commercial carrier.
(G) Expenditures for air travel on an aircraft op erated by the
candidate or a family member of the candidate sh all be contributions
by the candidate to the campaign and shall be calculated on the same
basis as the usual charter fare o r rental charge of a commercial
carrier, unless the aircraft is rented, in which case the
contribution shall be the cost of the renta l.
Promulgated by Ethics Commission January 10, 2014; effective upon
Legislature's sine die adjournment May 23, 2014; opera tive January
1, 2015.
SECTION 26. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
EFFICIENCY, dated 02/16/2022 - DO PASS.